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Start by identifying the information at issue
Define the claimed secret narrowly enough that someone can tell what information is covered. It might be particular source code, an algorithm, an architecture, a process, or a combination of elements. Avoid describing only an entire application, repository, or product as the secret. WIPO notes that courts generally require sufficient specificity and that a claimant must establish that the identified information qualifies as a trade secret (WIPO Guide, Part V).
Prepare a working description for each claimed secret. Record its boundaries, the relevant version or components, and how it differs from information that was public, generally known, or independently available. Keep this description controlled: it should be specific enough for counsel and, where required, a court to understand the claim without unnecessarily distributing the confidential material.
Separate the secret from the product history
The development history is evidence about when and how particular information came into being. It is not itself proof that the information was secret or that it was treated as secret. Keep those questions on separate tracks: one for creation, contributors, and changes; another for confidentiality and access controls.
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Build a chronology from records created during development
Organize records around milestones rather than dumping a repository export or a folder of documents into an unstructured archive. For each milestone, note the date, the specific information it concerns, the people or systems involved, the source record, and what that record does and does not show. WIPO discusses proof and evidence collection in trade secret litigation, but these record categories are practical guidance, not a universal statutory checklist (WIPO Guide, Part V).
| Record category | What it may help show | Useful context to preserve |
|---|---|---|
| Source-control history | Changes to code, branches, commits, and recorded contributors | Repository and branch, commit identifiers, timestamps and time zone, review links, and any export or migration history |
| Design documents and technical notes | How an approach or architecture was proposed and refined | Original files, version history, authors or reviewers, dates, and links to related issues or code changes |
| Issue, review, and project records | Work assignments, discussion of changes, decisions, and review activity | Original system records, stable identifiers, participants, attachments, and relevant surrounding discussion |
| Build and release records | Which code or components were assembled, tested, or released at a particular milestone | Build identifiers, source revision, release notes, artifact provenance, and available timestamps |
| Contributor and assignment records | Who participated in development and the documented basis for their participation | Role, dates, relevant agreements or assignments, and any limits on what the records establish |
| Access and system records | Which accounts or groups had access, or recorded access events | System, account identity, relevant time period, retention limits, and the meaning of the event fields |
| Relevant communications | Contemporaneous explanations, decisions, or disclosures about the work | Original message or file, participants, date and time, attachments, and surrounding thread or context |
These records are strongest when they can be connected to the specifically identified information. A commit may show that an account recorded a change at a certain time; on its own, it may not establish who controlled that account, who authored every line, or whether the code was confidential. A design note may document a proposal without proving it was implemented. Explain the connection and the limits rather than treating any one record as conclusive.
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Use a repeatable chronology format
- Set the scope. List each claimed secret and the code, documents, or components that correspond to it.
- Identify milestone dates. Mark initial proposals, significant implementation changes, reviews, builds, releases, and changes in access or confidentiality treatment.
- Attach source records. Link each milestone to original records or preserved copies, using stable identifiers where available.
- Record attribution carefully. Note the contributor information actually shown by the source and identify where identity or authorship needs corroboration.
- Record uncertainty. Flag gaps, migrations, missing logs, clock or time-zone differences, and conflicting dates rather than silently resolving them.
Preserve original files and metadata when possible. Keep a working index that describes each item’s source, collection date, custodian or system, and relationship to the claimed secret. If records are exported or converted, retain the source version and document the transformation so reviewers can distinguish original data from later organization.
Show how the information was kept confidential
Maintain a distinct set of records showing the steps taken to protect the information. WIPO identifies measures such as marking confidential materials, restricting access, systematic monitoring, and making employees aware of confidentiality obligations as examples of reasonable steps. What is reasonable depends on the circumstances (WIPO Trade Secrets FAQs; WIPO Guide, Part IV).
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- Policies and agreements: preserve applicable confidentiality policies, employee or contractor agreements, and records showing when relevant people received or accepted them.
- Access restrictions: document permissions, role or group assignments, repository visibility, and changes to access over time.
- System controls: retain relevant records about authentication, access management, monitoring, or other controls, together with an explanation of what the system records mean.
- Confidentiality practices: keep examples of labels, handling guidance, training, or instructions that applied to the material.
Do not infer that a policy proves it was followed. Connect written rules to records of implementation where available, and describe periods or systems for which documentation is incomplete.
Preserve evidence promptly and lawfully
Once a dispute is anticipated, seek advice from counsel in the relevant jurisdiction about preservation, collection, privacy, employment, and procedural requirements. WIPO recommends early evidence collection and compliance with procedural, privacy, and labor rules, and notes the importance of digital-forensics practices (WIPO Guide, Part V).
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- Identify likely sources and custodians. Map relevant repositories, issue trackers, document systems, build systems, communications, and access logs, along with the people or administrators who can explain them.
- Prevent routine loss where appropriate. With counsel, determine which records should be preserved and how to address deletion, rotation, device changes, or system-retention periods.
- Document the collection. Record who collected each item, from which system or device, when, by what method, and whether the original remained unchanged.
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- Maintain a chain of custody and access record. Track transfers, storage locations, copies, and people who handled the evidence.
Do not access an employee’s personal account or device, secretly monitor communications, or collect data beyond your authority simply because it may be useful. Local privacy and labor rules can limit both collection and review. Counsel can advise whether specialist forensic assistance or a preservation order is appropriate; neither a particular service nor a collection method guarantees admissibility.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Use hashes and timestamps as integrity aids, not proof of everything
A cryptographic hash can help detect whether a file has changed: if the file changes, its hash will generally change as well. A timestamped hash may help show that matching data existed at a recorded time. But a hash alone does not establish who created the file, whether its contents are true, or whether a court will admit it. WIPO discusses hashes and digital timestamps in the context of digital objects and trade secrets (WIPO Guide, Part VII).
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Preserve the file and its source records alongside any hash. Document how and when the hash was generated, which exact file or data it covers, the tool or process used, and where the resulting record is stored. Treat it as one part of a provenance and integrity record, not a substitute for repository history, contributor evidence, or a documented collection process.
Make the record useful to counsel and reviewers
Keep the chronology factual and traceable. Separate what a record directly shows from an inference drawn from it. For example, distinguish “the repository records this account’s commit at this time” from “this person wrote the code at this time” unless other evidence supports the attribution.
- Use consistent dates and state the time zone when known.
- Keep original identifiers and filenames so an item can be located in its source system.
- Cross-reference milestones to the specific secret or component they concern.
- Identify missing periods and explain known reasons, such as system migrations or expired logs.
- Store confidential materials with access limited to people who need them, and coordinate any court filing or disclosure with counsel.
Do not alter source records to make the history appear cleaner. If an index, timeline, or explanatory summary is created later, label it as a later-prepared aid and retain the underlying records on which it relies.
Keep the legal questions jurisdiction-specific
Requirements for describing a trade secret, preserving evidence, obtaining discovery, collecting digital records, and protecting confidential material in court vary among legal systems. WIPO’s litigation guidance addresses those differences rather than prescribing a single process for every dispute (WIPO Guide, Part V). Have counsel in the relevant jurisdiction assess the claim, preservation steps, and permitted use of the records.
Also distinguish evidence of similarity from evidence of improper acquisition or use. Independent development can be a lawful route to the same information under general trade secret principles; similarity alone does not resolve liability (WIPO Trade Secrets FAQs).
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